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Why Breaking Up (the Tax Code) Is So Hard to Do
e21 ^ | 01/07/2015 | Caroline Baum

Posted on 01/07/2015 7:18:59 AM PST by SeekAndFind

Everyone wants tax reform. At least we pay lip service to the idea that the U.S. economy would be better off with lower rates, a simpler code, and fewer loopholes. Yet something everyone claims to support has proved elusive time and again. Why?

For starters, it's not clear that everyone's idea of tax reform is the same. Corporations want lower statutory rates; they are less enthusiastic when it comes to sacrificing their bought-and-paid-for tax breaks. Liberals want an even more progressive tax code, with higher rates on the wealthy. Conservatives want to reduce anything that looks, smells, or acts like a tax. And libertarians want a flat tax with no deductions and no subsidies for favored industries.

That said, the new year brings hopes for bipartisan agreement on a number of issues, including tax reform. The Republican controlled Congress plans to act quickly on a number of issues in the hopes of scoring some quick wins: the Keystone XL Pipeline; adjustments to the Affordable Care Act, including a repeal of the medical devices tax; infrastructure investment; new trade agreements, which congressional Democrats oppose but President Barack Obama supports; and Iranian sanctions.

As for tax reform—real reform, not tweaks around the edges—I'd advise lowering your expectations. On the corporate side, the U.S. boasts the highest federal income tax rate (35 percent) among developed nations. Lower that rate, and corporations have a lot less incentive to shift profits overseas.

It sounds like a win-win… until you get to the fine print. If corporate tax reform is to pay for itself, certain exemptions and deductions will have to go. That's where the second major hurdle to tax simplification comes in. What is in the national interest is not necessarily in individuals' or businesses' self-interest.

For example, the statutory tax rate is not the same as what corporations pay. (And here you thought GE maintained a 975-person tax department to double-check the math on the corporate return.) In a 2013 report, the General Accounting Office calculated that the effective federal tax rate for profitable U.S. corporations in 2010 was about 13 percent. Throw in foreign, state, and local incomes taxes, and it rises to 17 percent.

Many tax experts doubt the effective rate can be calculated with that degree of accuracy. But for most corporations, the effective rate "is in the 20s and varies greatly from year to year," especially in the wake of losses incurred during the financial crisis and Great Recession, says Martin Sullivan, chief economist at Tax Analysts. What we do know is that "the trend is down as off-shore profit-shifting into tax havens is occurring at an increasing rate," he says.

While tax inversions garnered all the attention last year, largely because of the public disclosure requirement when a U.S. company merges with a foreign entity and incorporates overseas, they represent a small portion of the revenue loss to the U.S. government. "All multi-nationals are doing profit-shifting," Sullivan says.

So lowering the corporate rate makes a good deal of sense in theory. In practice, it's not so clear-cut. If a CEO of a large corporation can exploit tax loopholes to reduce the effective rate to 20 percent, a statutory rate of 25 percent (Republicans' proposed target) or 28 percent (Obama's goal) doesn't maximize shareholder profits.

And that's where the ideal of lower tax rates and minimal loopholes gets mugged by reality. Dave Camp, the former Republican chairman of the House Ways and Means Committee, learned just how tough it is to garner support among his own party and the business community when he introduced his Tax Reform Act of 2014 in February. The cost of lowering the corporate tax rate to a stated 25 percent was, among other things, the elimination of accelerated depreciation, one of the three most costly corporate tax expenditures and something that "would hurt capital formation and manufacturing," Sullivan says.

Some economists question whether accelerated depreciation should be classified as a tax expenditure, defined as any reduction in tax liability as a result of special benefits to particular taxpayers. Labor-intensive firms get to write off employee salaries when they cut payroll checks, says Matt Mitchell, senior research fellow at George Mason University's Mercatus Center. "We shouldn't penalize companies that have to incur capital expenses in order to earn income."

Using individual tax expenditures, which dwarf those available to corporations, to achieve revenue-neutral corporate tax reform is probably a non-starter. Among the costliest tax expenditures, defined as measures that provide tax benefits to particular groups of taxpayers, are: the exclusion of employer-provided health insurance; 401k and other employer plans; and the mortgage interest deduction. Each of these tax breaks has a large, well-funded constituency behind it, willing to fight tooth and nail to maintain its preferential treatment. Sacrifice a tax break for the public good? Let the next fellow do it first.

The argument in favor of a broad tax base with fewer tax preferences is pretty straight-forward: It would increase economic efficiency and transparency; it would reduce the hours devoted to tax compliance and avoidance; and it would be, yes, fairer.

Along the way there would be winners and losers. Unless the public, with its myriad of special interests, is willing to accept short-term pain in exchange for the promised long-term gain of tax reform, the 114th Congress will find its mission impossible.


TOPICS: Business/Economy; Government; News/Current Events
KEYWORDS: taxcode; taxes
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1 posted on 01/07/2015 7:18:59 AM PST by SeekAndFind
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To: SeekAndFind
The tax code is a cash cow for DC politicians.

It will never be reformed.

2 posted on 01/07/2015 7:27:17 AM PST by Pietro
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To: SeekAndFind
Take a 3x5 notecard.

Gross Income

x8%

equals your tax

Everyone pays....no exemptions.

Only allowable deductions are for homeownership and charitable contributions.

3 posted on 01/07/2015 7:30:46 AM PST by ealgeone
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To: ealgeone

Does that mean someone making $10/hour ( proposed minimum wage ), which means about $24,000 a year will pay nearly $2000 in taxes?


4 posted on 01/07/2015 7:33:23 AM PST by SeekAndFind (If at first you don't succeed, put it out for beta test.)
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To: ealgeone

Hopefully followed by liberals committing mass suicide.


5 posted on 01/07/2015 7:34:36 AM PST by wally_bert (There are no winners in a game of losers. I'm Tommy Joyce, welcome to the Oriental Lounge.)
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To: SeekAndFind

Step 1 repeal the 16th amendment.
Step 2 make income taxes illegal.
Step 3 Incorporate 15% import tariffs as replacement revenue generators
Step 4 National Retail sales Tax NRST of 5%


6 posted on 01/07/2015 7:34:40 AM PST by central_va (I won't be reconstructed and I do not give a damn.)
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To: ealgeone

Why homeownership? You’re either for social engineering through the tax code or you’re not. Hell, I’d even knock off the deductions for charitable contributions. You want it straigthened out, let’s straighten it out. Once you open the door, everybody will want to walk through.


7 posted on 01/07/2015 7:35:38 AM PST by Wolfie
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To: SeekAndFind

Way back when Forbes tried, didn’t he tout under some amount paid nothing, like 35k or so?


8 posted on 01/07/2015 7:36:07 AM PST by wally_bert (There are no winners in a game of losers. I'm Tommy Joyce, welcome to the Oriental Lounge.)
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To: Pietro

Remember that saying from “Risky Business”.....”Never F with another man’s livelihood.”


9 posted on 01/07/2015 7:36:25 AM PST by dfwgator
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To: SeekAndFind

I like the Flat Tax and would set it at 17% on both corporate and personal income as suggested by Friedman. The Fair Tax scares me because politicians get to tinker with the “prebate”, which is similar to using my tax dollars to give away free cell phones to deadbeats in order to buy votes.

I would also enact the following laws:

1. If you don’t pay Federal taxes, you don’t get to vote in Federal elections. Nothin’ in the game, why should you?

2. In any year there is a deficit of more than 3%, those sitting members of Congress may not sit for reelection in the next election.

3. Congress cannot exempt itself from any law placed on the citizens it represents.

Yeah, I know it won’t happen, but I’d sure like it if it could.


10 posted on 01/07/2015 7:36:51 AM PST by econjack (I'm not bossy...I just know what you should be doing.)
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To: SeekAndFind

Yes, it does, and it should.


11 posted on 01/07/2015 7:37:29 AM PST by econjack (I'm not bossy...I just know what you should be doing.)
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To: econjack

RE: Yes, it does, and it should.

And that my friend, is why your proposal will never pass.

47% pay no taxes and they want it to stay that way. We’ve already crossed the critical threshold.


12 posted on 01/07/2015 7:41:17 AM PST by SeekAndFind (If at first you don't succeed, put it out for beta test.)
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To: SeekAndFind
Does that mean someone making $10/hour ( proposed minimum wage ), which means about $24,000 a year will pay nearly $2000 in taxes?

Yes.

Everyone has skin in the game that way.

13 posted on 01/07/2015 7:43:54 AM PST by ealgeone
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To: ealgeone

Without skin in the game, they don’t care how high tax rates are jacked up on the other guy.


14 posted on 01/07/2015 7:44:43 AM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Wolfie
Why homeownership? You’re either for social engineering through the tax code or you’re not. Hell, I’d even knock off the deductions for charitable contributions. You want it straigthened out, let’s straighten it out. Once you open the door, everybody will want to walk through.

A straight up tax...no deductions. I'm good with that also.

15 posted on 01/07/2015 7:45:37 AM PST by ealgeone
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To: MrB
Without skin in the game, they don’t care how high tax rates are jacked up on the other guy.

I agree. It would hopefull force people to pay attention to what's happening in DC.

It would eliminate politicians being able to buy votes through the tax code.

It just might even get some people to realize they can't sit on their butts all day and live off those paying the taxes.

16 posted on 01/07/2015 7:47:48 AM PST by ealgeone
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To: SeekAndFind

It’s only hard because of a lack of leadership and principle on the part of politicians.


17 posted on 01/07/2015 7:48:25 AM PST by Boogieman
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To: SeekAndFind

Funny how liberals were able to ram through something as complex and far reaching as Obamacare, but when it comes to significant tax overhaul and simplification, so-called conservatives proclaim no way, never happen, too complex, too much disagreement, you’ll just have to settle for some minor tinkering....


18 posted on 01/07/2015 7:51:33 AM PST by barefoot_hiker
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To: ealgeone

hows bout tax credit for those with no earnings?


19 posted on 01/07/2015 7:52:50 AM PST by bert ((K.E.; N.P.; GOPc.;+12, 73, ..... Obama is public enemy #1)
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To: ealgeone

Any income tax at all places intrusive record-keeping requirements on everyone, on every source of income, and such a tax penalizes earning. A consumption tax places record-keeping requirements only on vendors (who already must keep records anyway), which aren’t intrusive, and the tax penalizes consumption. Reduced earnings leads to poverty and economic weakness while reduced consumption leads to savings and to economic strength.


20 posted on 01/07/2015 7:57:52 AM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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